Not producing document with written statement

surjit singh (Querist) 25 July 2013 This query is : Resolved
Defendant did not file any document with its WS upon which the defendant relied nor mention any thing in whose custody the document is. Whether the plaintiff can object if the document is produced at the later stage? Whether the Court will entertain the document if the defendant produces the document at a later stage?.

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Devajyoti Barman (Expert) 25 July 2013
Yes, he can raise objection which is likely to be over ruled.

R.K Nanda (Expert) 25 July 2013
1. yes, plaintiff can object to it.

2.yes, subject to costs.

surjit singh (Querist) 25 July 2013
Is there any decision where the defendant has been debarred from producing documment at letter stage, where no document was produced at the time of filing of WS .

Adv Archana Deshmukh (Expert) 26 July 2013
Whether the deft will be allowed nor not to produce the documents at later stage depends upon facts of every case. Relevancy is important.

Rajendra K Goyal (Expert) 26 July 2013
Agree with the experts, nothing more to add.

Dr. Jyothi Vishwanath (Expert) 26 July 2013
In the interest of justice, production of documents may be allowed at a later stage.

Guest (Expert) 26 July 2013
You can raise the objection, but adequate opportunity to the defendent to defend his case cannot be denied, if the documents have crucial role to play in his defence.

Raj Kumar Makkad (Expert) 27 July 2013
If you move such application then definitely an opportunity to the defendant shall be provided to rebut it and after hearing both parties, the court shall decide the application.

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